STANDARD FORM OF REPRESENTATIVE TOWN MEETING GOVERNMENT

M.G.L. pt. Part I, tit. Title VII, ch. c. 43A

in effect

M.G.L. c. 43A, § 1 Adoption authorized; conditions

c. 43A, § 1. Adoption authorized; conditions Section 1. Any town in which there has been constituted and established a form of representative town meeting government under a special statute, enacted in conformity with the provisions of the constitution of the commonwealth, may in substitution therefor adopt the standard form of representative town meeting government provided by sections three to twelve, inclusive.

M.G.L. c. 43A, § 2 Adoption procedure; submission to electorate

c. 43A, § 2. Adoption procedure; submission to electorate Section 2. Five per cent of the registered voters of any such town may, not less than ninety days before its annual town meeting, file with the selectmen a petition that there be submitted to the voters of the town the matter of the acceptance of such standard form of representative town meeting government. The selectmen shall thereupon direct the town clerk to cause to be printed on the official ballot used for the election of town officers at such meeting substantially the following question: Shall the town adopt the standard form of representative town meeting government provided by chapter forty-three A of the General Laws? If a majority of the votes cast thereon are in the affirmative such standard form shall thereupon become effective in such town, and the acceptance by the town of the special statute under which it was theretofore governed shall be deemed to be revoked by such vote; provided, that the town meeting members elected at such election or in office under the provisions of such special statute shall, except as otherwise provided therein, remain in office until the next annual town election.

M.G.L. c. 43A, § 3 Organization

c. 43A, § 3. Organization Section 3. Upon the adoption as aforesaid of such standard form of representative town meeting government by a town, its selectmen shall forthwith divide the territory thereof into voting precincts, each of which shall be plainly designated and shall contain not less than four hundred registered voters. The precincts shall be so established as to consist of compact and contiguous territory to be bounded, as far as possible, by the center line of known streets and ways or by other well-defined limits. Their boundaries shall be reviewed, and, if need be, wholly or partly revised, by the selectmen in December, once in five years, or in December of any year when so directed by a vote of a representative town meeting held not later than November twentieth of that year. The foregoing provisions of this section shall not authorize any action contrary to the provisions of section nine A of chapter fifty-four. The selectmen shall, within ten days after any establishment or revision of the precincts, file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time, with the names and residences of the registered voters therein; and they shall also cause to be posted in at least one public place in each precinct a map or description of that precinct, with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the town clerk. Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the warrant for such meeting direct. The provisions of chapters fifty to fifty-six, inclusive, relating to precinct voting at elections, so far as the same are not inconsistent with this chapter, shall apply to all elections and primaries in the town upon the establishment of voting precincts as hereinbefore provided.

M.G.L. c. 43A, § 4 Town meeting members; election; terms of office

c. 43A, § 4. Town meeting members; election; terms of office Section 4. Other than the officers designated in the by-laws of the town as town meeting members at large, the representative town meeting membership shall in each precinct consist of the largest number divisible by three which will admit of a representation thereof in the approximate proportion which the number of inhabitants therein bears to the total number of inhabitants in the town, and which will cause the total elected membership to be as nearly two hundred and forty as may be. The registered voters in every precinct shall, at the first annual town election held after the establishment of such precinct, and the registered voters of any precinct affected by any revision of precincts at the first annual town election following such revision, conformably to the laws relative to elections not inconsistent with this chapter, elect by ballot the number of registered voters in the precinct, other than the officers designated in the by-laws as town meeting members at large, provided for in the first sentence of this section, to be town meeting members of the town. The first third, in the order of votes received, of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting; in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect, for the term of three years, one third of the number of elected town meeting members to which such precinct is entitled, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of elected town meeting members in such precinct. The terms of office of all elected town meeting members from every precinct revised as aforesaid shall cease upon the election as hereinbefore provided of their successors. The town clerk shall, after every election of town meeting members, forthwith notify each such member by mail of his election.

M.G.L. c. 43A, § 5 Meetings; quorum; compensation of members

c. 43A, § 5. Meetings; quorum; compensation of members Section 5. Any representative town meeting held under the provisions of this chapter, except as otherwise provided herein, shall be limited to the town meeting members elected under section four, together with such town meeting members at large as may be provided for by the by-laws of the town. The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualifications of their members. A majority of the town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time, but no town meeting shall adjourn over the date of an election of town meeting members. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to such conditions as may be determined from time to time by the members of the representative town meeting, any registered voter of the town who is not a town meeting member may speak at any representative town meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect on the date of such filing. A town meeting member who removes from the town shall cease to be a town meeting member, and a town meeting member who removes from the precinct from which he was elected to another precinct may serve only until the next annual town meeting.

M.G.L. c. 43A, § 6 Nominations

c. 43A, § 6. Nominations Section 6. Nomination of candidates for town meeting members to be elected under this chapter shall be made by nomination papers, which shall show clearly whether he has been a former town meeting member, and, if an elected incumbent of such office, that he is a candidate for re-election and shall bear no other political designation. Such papers shall be signed by not less than ten voters of the precinct in which the candidate resides, shall be filed with the town clerk at least ten days before the election or, in towns which have accepted section one hundred and three A of chapter fifty-four, within the time provided by section ten of chapter fifty-three. They shall be submitted to the registrars of voters and shall be certified in the manner provided in section seven of said chapter fifty-three; provided, however, that any town meeting member, including any town meeting member in office under the provisions of a special statute under which such town is operating immediately prior to the taking effect therein of the standard form of representative town meeting government provided by this chapter, may become a candidate for election by giving written notice thereof to the town clerk not later than twenty-one days prior to the last day and hour for filing nomination papers. If a town meeting member is a candidate for re-election, the words ''Candidate for Re-election'' shall be printed against his name as it appears on the ballot for the election of town officers; provided, that if a town meeting member who has been chosen by the remaining members from the precinct to fill a vacancy under the provisions of section nine is a candidate for election, the words ''Candidate for Re-election'' shall not be printed against his name as it appears on the ballot. No nomination papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.

M.G.L. c. 43A, § 7 Action on articles in warrant for town meeting

c. 43A, § 7. Action on articles in warrant for town meeting Section 7. The articles in the warrant for every town meeting, so far as they relate to the election of the moderator, town officers and town meeting members, and as herein provided, to referenda, and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the registered voters of the town in their respective precincts. All other articles in the warrant for any town meeting shall be acted upon and determined exclusively by town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the warrant for the meeting, subject to the referendum provided for by section ten.

M.G.L. c. 43A, § 8 Moderator; tenure; duties; vacancies

c. 43A, § 8. Moderator; tenure; duties; vacancies Section 8. A moderator shall be elected by ballot at the annual town meeting when his term of office expires, for the term of one or three years, and shall serve as moderator of all town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective town officers, and any vacancy in the office may be filled by the town meeting members at a meeting held for that purpose. If a moderator is absent, a moderator pro tempore may be elected by the town meeting members.

M.G.L. c. 43A, § 9 Town meeting members; vacancies

c. 43A, § 9. Town meeting members; vacancies Section 9. Any vacancy in the full number of town meeting members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, may be filled, until the next annual election, by the remaining members of the precinct from among the registered voters thereof. Upon petition therefor, signed by not less than ten town meeting members from the precinct, notice of any vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy or vacancies exist, and he shall call a special meeting of such members for the purpose of filling such vacancy or vacancies. He shall cause to be mailed to every such member, not less than five days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot, and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or members so chosen, who shall thereupon be deemed elected and qualified as a town meeting member of members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section five.

M.G.L. c. 43A, § 10 Enactments at town meetings; restrictions

c. 43A, § 10. Enactments at town meetings; restrictions Section 10. A vote passed at any representative town meeting authorizing the expenditure of twenty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office or merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increasing or reducing the number of members of a board, or adopting a new by-law, or amending an existing by-law, shall not be operative until after the expiration of seven days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said seven days, a petition, signed by not less than three per cent of the registered voters of the town, containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special meeting for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at two o'clock in the afternoon and shall be closed not earlier than eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot:—''Shall the town vote to approve the action of the representative town meeting whereby it was voted (brief description of the substance of the vote and by what vote thereon if such vote was tabulated)?'' If such petition is not filed within said period of seven days, the vote of the representative town meeting shall become operative and effective upon the expiration of said period. Absent voter ballots shall be used at such election in accordance with the provisions of chapter fifty-four.

M.G.L. c. 43A, § 11 Authority of town after acceptance of chapter; effect of actions taken

c. 43A, § 11. Authority of town after acceptance of chapter; effect of actions taken Section 11. The town, after the acceptance of this chapter, shall continue to have the capacity to act through and to be bound by its town meeting members, who shall, when convened from time to time as herein provided, constitute representative town meetings; and the representative town meetings shall exercise exclusively, so far as will conform to the provisions of this chapter, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meeting, shall, when taken by any representative town meeting in accordance with the provisions of this chapter, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as organized and conducted before the establishment in said town of representative town meeting government.

M.G.L. c. 43A, § 12 General meetings authorized; limitations of chapter

c. 43A, § 12. General meetings authorized; limitations of chapter Section 12. This chapter shall not abridge the right of the inhabitants of the town to hold general meetings, as secured to them by the constitution of this commonwealth; nor shall this chapter confer upon any representative town meeting in any town the power finally to commit the town to any measure affecting its municipal existence or substantially changing its form of government without action thereon by the voters of the town at large, using the ballot and the check list therefor.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter43AFetched: 10/20/2026